Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: ONGUARD
SERIAL NUMBER: 78894013

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, Stephens Pipe & Steel, LLC, having an address of P. O. Box 618, Russell Springs, Kentucky United States 42642, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 006:
Current identification: Metal gates and fences

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/01/2007, and first used in commerce at least as early as 10/01/2007, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) photographs of labels on products.
Specimen File1
Specimen File2

The applicant hereby appoints David W. Nagle, Jr. and Jack A. Wheat, Joel T. Beres, Brewster Taylor, John W. Scruton, Jennifer L. Kovalcik, Alexandra T. MacKay, J. Randolph Michels, William Charles Ferrell, Christina I. Ryan, Amy Sullivan Cahill, and Haley M. Dickerson of  STITES & HARBISON PLLC, 400 W MARKET ST STE 1800, LOUISVILLE, Kentucky United States 40202-3352 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 0056W/00001.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /Ted Eysenbach/021653/      Date Signed: 03/19/2008
Signatory's Name: Ted Eysenbach
Signatory's Position: General Manager

Mailing Address:
   STITES & HARBISON PLLC
   
   400 W MARKET ST STE 1800
   LOUISVILLE, Kentucky 40202-3352

Mailing Address:
   STITES & HARBISON PLLC
   
   400 W MARKET ST STE 1800
   LOUISVILLE, Kentucky 40202-3352

RAM Sale Number: 9139
RAM Accounting Date: 03/19/2008

Serial Number: 78894013
Internet Transmission Date: Wed Mar 19 13:53:00 EDT 2008
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XX-20080319135300841
559-78894013-400b3f8cdfc4e147a413c261eae
6f9c32d-CC-9139-20080319113431309572